Plaintiff’s Counsel Should Not Have Been Disqualified Because Of The Expert Witness He Hired.

Plaintiff informed defendant he hired an expert who had previously testified on behalf of the defendant. Defendant claimed the expert possessed confidential attorney-client and work product information, and the trial court disqualified plaintiff’s counsel. The appellate court stated that even if attorney client work product conveyed to a consulting expert remains subject to work product protection, the defendant here failed in its burden to establish the expert possessed confidential information materially relevant to the pending proceedings and reversed. Deluca v. State Fish Co., Inc. (Cal. App. Second Dist., Div. 3; June 27, 2013) 217 Cal.App.4th 671.